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High Court of Punjab and HaryanaCRM-M/23181/2022allowed

Bikram Bhatti Alias Bikki And Others v. State Of Punjab And Another

2024-03-14Mr. Justice Gurvinder Singh Gill2 pages

2024:PHHC:037157

IN THE HIGH COURT OF PUNJAB AND HARYANA AT

CHANDIGARH CRM-M-23181-2022 (O&M) Date of Decision: 14.03.2024 Bikram Bhatti @ Bikki & others

...Petitioners

Versus

State of Punjab & another

...Respondents

CORAM: HON'BLE MR. JUSTICE GURVINDER SINGH GILL

Present:

Mr. Narinder S. Lucky, Advocate, for the petitioners. Mr. Vinay Kumar Malhotra, DAG, Punjab.

None for respondent No.2.

GURVINDER SINGH GILL, J. (Oral) 1.

Today, at the very outset, learned counsel for the petitioners submits that he may be permitted to withdraw the instant petition qua petitioner No.1 - Bikram Bhatti @ Bikki.

2.

In view of the aforesaid submission, the instant petition is dismissed as withdrawn qua petitioner No.1 - Bikram Bhatti @ Bikki. 3.

Petitioners No.2 to 4 seek quashing of FIR No.151 dated 10.11.2017 registered at Police Station Bullowal, District Hoshiarpur, under Sections 323, 324, 341, 295-A, 506 & 34 IPC and all subsequent proceedings emanating therefrom on the basis of a compromise stated to have been effected between the parties.

4.

Vide order dated 26.05.2022, the parties had been directed to appear before the Illaqa Magistrate/trial Court so as to get their statements recorded qua the factum of compromise.

VIMAL KUMAR 2024.03.14 18:06 I attest to the accuracy and integrity of this document

CRM-M-23181-2022 (O&M) -25.

Report of learned Judicial Magistrate Ist Class, Hoshiarpur, has been received, wherein it has been reported that the statements of accused/petitioners No.2 & 4, namely, Jagdeep @ Jogi and Chetan Hans @ Ghetan Gill as well as of complainant Jagjit Singh and his father Balbir Singh have been recorded to the effect that they have compromised the matter amongst themselves. It has also been reported that accused/petitioner No.3 Ashwani @ Ashni Kumar has died. 6.

The complainant Jagjit Singh in his statement has stated that he has no objection in case the FIR in question is quashed. 7.

The learned Judicial Magistrate Ist Class, Hoshiarpur, has specifically opined that the parties have entered into compromise without any coercion or undue influence.

8.

In view of the aforesaid compromise and bearing in mind the law laid down by Full Bench of this Court in 2007(3) RCR (Crl.) 1052 Kulwinder Singh and others Vs. State of Punjab, the present petition is allowed and FIR No.151 dated 10.11.2017 registered at Police Station Bullowal, District Hoshiarpur, under Sections 323, 324, 341, 295-A, 506 & 34 IPC and all subsequent proceedings emanating therefrom are hereby quashed qua petitioners No.2 to 4.

14.03.2024 (GURVINDER SINGH GILL) Vimal JUDGE Whether speaking/reasoned: Yes/No Whether reportable:

Yes/No VIMAL KUMAR 2024.03.14 18:06 I attest to the accuracy and integrity of this document